How Judges Judge

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Author :
Publisher : Taylor & Francis
ISBN 13 : 0429657498
Total Pages : 361 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis How Judges Judge by : Brian M. Barry

Download or read book How Judges Judge written by Brian M. Barry and published by Taylor & Francis. This book was released on 2020-11-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

The Psychology of Judicial Decision Making

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199710139
Total Pages : 355 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Psychology of Judicial Decision Making by : David E. Klein

Download or read book The Psychology of Judicial Decision Making written by David E. Klein and published by Oxford University Press. This book was released on 2010-02-08 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.

Structures of Judicial Decision Making from Legal Formalism to Critical Theory

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Author :
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Structures of Judicial Decision Making from Legal Formalism to Critical Theory by : Roy Lavon Brooks

Download or read book Structures of Judicial Decision Making from Legal Formalism to Critical Theory written by Roy Lavon Brooks and published by . This book was released on 2005 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."

American Government 3e

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Author :
Publisher :
ISBN 13 : 9781951693435
Total Pages : 0 pages
Book Rating : 4.6/5 (934 download)

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Book Synopsis American Government 3e by : Glen Krutz

Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2021-07-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens.

Friends of the Supreme Court: Interest Groups and Judicial Decision Making

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Author :
Publisher : Oxford University Press
ISBN 13 : 9780199707225
Total Pages : 248 pages
Book Rating : 4.7/5 (72 download)

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Book Synopsis Friends of the Supreme Court: Interest Groups and Judicial Decision Making by : Paul M. Collins, Jr.

Download or read book Friends of the Supreme Court: Interest Groups and Judicial Decision Making written by Paul M. Collins, Jr. and published by Oxford University Press. This book was released on 2008-08-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

The Oxford Handbook of Behavioral Economics and the Law

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Publisher : Oxford Handbooks
ISBN 13 : 0199945470
Total Pages : 841 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Oxford Handbook of Behavioral Economics and the Law by : Eyal Zamir

Download or read book The Oxford Handbook of Behavioral Economics and the Law written by Eyal Zamir and published by Oxford Handbooks. This book was released on 2014 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.

The Supreme Court in the American Legal System

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Publisher : Cambridge University Press
ISBN 13 : 9780521780384
Total Pages : 428 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis The Supreme Court in the American Legal System by : Jeffrey A. Segal

Download or read book The Supreme Court in the American Legal System written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2005-08 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines the United States legal system. While the most extensive coverage is given to the U.S. Supreme Court, the book also provides separate chapters on state courts, the U.S. District Courts, and the U.S. Courts of Appeals. The book systematically compares the effects of legal and political factors on different courts' decisions. Finally, we provide extended coverage to American legal process, with separate chapters on civil procedure, evidence, and criminal procedure.

Supreme Court Decision-Making

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Conscience and Love in Making Judicial Decisions

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9401597456
Total Pages : 246 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Conscience and Love in Making Judicial Decisions by : Alexander Nikolaevich Shytov

Download or read book Conscience and Love in Making Judicial Decisions written by Alexander Nikolaevich Shytov and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.

Good Judgment

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Publisher : University of Toronto Press
ISBN 13 : 1487517009
Total Pages : 351 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Good Judgment by : Robert J. Sharpe

Download or read book Good Judgment written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2018-10-11 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Decision Making in the U.S. Courts of Appeals

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Publisher : Stanford University Press
ISBN 13 : 9780804757133
Total Pages : 268 pages
Book Rating : 4.7/5 (571 download)

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Book Synopsis Decision Making in the U.S. Courts of Appeals by : Frank B. Cross

Download or read book Decision Making in the U.S. Courts of Appeals written by Frank B. Cross and published by Stanford University Press. This book was released on 2007 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Embedded Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108420494
Total Pages : 263 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Embedded Courts by : Kwai Hang Ng

Download or read book Embedded Courts written by Kwai Hang Ng and published by Cambridge University Press. This book was released on 2017-10-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.

Judicial Decision-making

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Author :
Publisher : Free Press
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Judicial Decision-making by : Glendon A. Schubert

Download or read book Judicial Decision-making written by Glendon A. Schubert and published by Free Press. This book was released on 1963 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Decision-Making

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (916 download)

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Book Synopsis Judicial Decision-Making by :

Download or read book Judicial Decision-Making written by and published by . This book was released on 1963 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Choices Justices Make

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Publisher : SAGE
ISBN 13 : 148330485X
Total Pages : 224 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis The Choices Justices Make by : Lee Epstein

Download or read book The Choices Justices Make written by Lee Epstein and published by SAGE. This book was released on 1997-01-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.

Quasi Judicial Handbook

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Publisher : Unc School of Government
ISBN 13 : 9781560119012
Total Pages : 0 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Quasi Judicial Handbook by : David W. Owens

Download or read book Quasi Judicial Handbook written by David W. Owens and published by Unc School of Government. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As its name suggests, a quasi-judicial decision is like a court decision in several important ways. It requires the deciding board to use its judgment in applying general law to a particular land use situation while ensuring the constitutional due process rights of the parties. This handbook is designed as a guide for boards making development regulation decisions through the quasi-judicial process. The discussion covers the process prior to, during, and after the evidentiary hearing as well as the decision itself. Other topics include the board of adjustment, variances, special use permits, certificates of appropriateness, appeals of zoning determinations, and judicial review. A package of 5 books is available for a discounted price for those looking to purchase copies for their entire board.

Judicial Decision Making in Civil Law

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Author :
Publisher : Eleven International Publishing
ISBN 13 : 9789490947491
Total Pages : 0 pages
Book Rating : 4.9/5 (474 download)

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Book Synopsis Judicial Decision Making in Civil Law by : Raimond Walthère Michel Giard

Download or read book Judicial Decision Making in Civil Law written by Raimond Walthère Michel Giard and published by Eleven International Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the central values of a civil society is that its legal system makes fair and accurate de-cisions concerning fault and innocence. The legal decision-maker will bring a lawsuit to a conclusion by formulating the verdict. Jurists - and judges in particular - are consequently in the business of decision-making. They are expected to produce accurate and valid judgments. Judges have to establish or disprove human wrongdoing but in undertaking this business, they may err themselves. There are two reasons why the err. The first is following the wrong legal alley. The other possibility has to do with the facts. A decision may be based on an incomplete set of facts, the information may be incorrect or our interpretation of accurate facts may be inaccu-rate. All this confronts us with two fundamental and interrelated questions: how do judges decide and how should judges decide? This book contains a collection of papers confronting these issues from a seminar on determinants, dynamics and delusions of judicial decision making which was held on the occasion of the inaugural lecture of Jeffrey J. Rachlinski, accepting the Erasmus Chair of Empirical Legal Studies at Erasmus School of Law Rotterdam.